Messir v. McLean

Citations

• 51 Wash. 140
• 98 P. 106
• 1908 Wash. LEXIS 983

Syllabus

<p>,. Master and Servant — -Negligence—Safe Place — Evidence—Sufficiency — Question for Jury. There is sufficient evidence of negligence on the part of a hotel keeper, in failing to maintain a safe place-in which to work, where it appears that the linoleum on the floor of a.room was so old and worn full of holes that it was unsafe to walk on, whereby a chambermaid, in the performance of her duties, was tripped and'thrown down a step; and the question is for the jury where there was conflicting ■ evidence.</p> <p>Trial — New Trial — Province of Court And Jury. If the trial court considers the evidence was insufficient to sustain a verdict for the plaintiff, it may grant a new trial, hut it cannot for such reason direct a verdict for the defendant, if the evidence is conflicting.</p>